PRICE ORDER ON BEER

Press, Volume XCI, Issue 27628, 7 April 1955, Page 6

PRICE ORDER ON BEER

COURT RESERVES DECISION (New Zealand Press Association)

WELLINGTON, April 5. Mr Justice Henry, in the Supreme Court at Wellington today, reserved his decision on an application by the New Zealand United Licensed Victuallers’ Association for a writ of certiorari quashing a price approval of 8s 6d a gallon for draught beer and preventing the Director of Price Control from acting on it. The first defendants are the Price Tribunal members and the second defendant the Director of Price Control (Henry Leslie Wise). Mr W. E. Leicester and Mr R. C. Savage appeared for the association, and the SolicitorGeneral (Mr H. E. Evans, Q.C.) and Mr E. J. Haughey, for the defendants. Mr Haughey today dealt with allegations that the matter was not properly heard and that the plaintiff was not given the opportunity to present adequately its case. He submitted, that the plaintiff was not entitled in the circumstances to an oral hearing. It had adequate opportunity of being heard, and as early as the end of June it was intimated that the question of the price of draught beer would require to be dealt with by the Price Tribunal.

He said that the plaintiff never expressed to the tribunal any wish to be heard, although the plaintiff’s secretary was asked whether he wished to be heard. The proper inference was that the plaintiff either could not or would not submit to the tribunal any further evidence or representations to support its contention on the question. Mr Haughey said that the Price Tri-: bunal, in reaching its decisions of September 7, 1953, and October 15, 1953. on the price of beer for consumption off licensed premises, had ample material on which to base its decisions. In so reaching them it acted judicially and in no way contravened the principles of natural justice.